EPCRA advance notice of proposed rulemaking

November 30, 2023

As shared in a previous UEP newsletter, at the beginning of November, EPA withdrew from consideration the draft proposed rule that would have required animal operations to report air emissions of ammonia to state and local emergency response authorities under the Emergency Planning and Community Right-to-Know Act (EPCRA).  While that was a positive development for animal operations, at that time, EPA also indicated to UEP that they would separately ask for comments on what might be the most practical and sensible way to collect information about animal operation air emissions.  On Nov. 17, 2023, EPA published an Advance Notice of Proposed Rulemaking (ANPR) doing just that.  Comments are due on the ANPR by February 15.  As expected, EPA is now seeking information and comment “to assist in the potential development of regulations to reinstate the reporting of animal waste air emissions at farms” under EPCRA.

Specifically, EPA is seeking comment in five categories: health impacts, implementation challenges, costs and benefits, small farm definition and potential reporting exemption, and national report on animal waste air emissions. USEPA is also seeking information on the potential impact on environmental justice communities, as that is a focus across the majority of their work these days.  USEPA stresses in the filing that "solicitation of information in this ANPRM does not necessarily mean any action on farms will occur." UEP will thoroughly review the notice and work with the other barnyard groups to make sure all arguments and points are covered.  If you have any questions, please contact Tom Hebert or Lauren Lurkins. Review the ANPR here.